For complete descriptions of the terms, conditions and
exclusions of insurance coverages or other products or services, please contact
Preferred Professional Insurance Company (“PPIC”). Products and services
referenced herein may not be available in all states.
PPIC strives to ensure that the information contained on this
website is current and accurate; however, PPIC cannot and does not offer any
warranty or guaranty of any nature concerning the accuracy or reliability of any
information contained herein.
Links to other websites are provided for convenience only
and PPIC is not responsible for their content.
Terms
of Service
1.
ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS OF SERVICE.
Preferred Professional Insurance
Company, Inc. ("PPIC") provides a website ("PPIC Site")
that provides general information regarding medical liability insurance and
risk management (collectively, the "PPIC Service"). The PPIC
Service is owned and operated by PPIC and is provided to visitors to the PPIC
Site under the terms and conditions of these Terms of Service and any operating
rules, policies, and procedures that may be published from time to time on this
website by PPIC (collectively, the "Terms"). All holders of
PPIC insurance policies ("Policyholders") are
automatically given use of the PPIC Service as of the effective date of the
applicable insurance.
VISITORS MAY ACCESS ALL PORTIONS OF
THE PPIC SITE FOR INFORMATION PURPOSES AND ARE SUBJECT TO ALL OF THE
TERMS. VISITORS ARE REFERRED TO IN THIS
AGREEMENT AS "USERS ".
BY USING THE PPIC SERVICE, YOU ARE INDICATING YOUR AGREEMENT
TO BE BOUND BY ALL OF THE TERMS. IF YOU DO NOT ACCEPT ALL OF THE TERMS, DO NOT
ACCESS THE PPIC SERVICE.
2.
ELIGIBILITY FOR USE OF THE SITE.
There is no charge for use of the PPIC Site and it is
available to the general public.
3.
MODIFICATIONS TO TERMS.
PPIC may change the Terms from time to time. Upon any change
in the Terms, PPIC will post the amended Terms on this site. The amended Terms
shall automatically become effective immediately after they are initially
posted on this site. The Terms were last revised on January 15, 2004. User's
continued use of the PPIC Service after the posting of the amended Terms on
this site constitutes User's affirmative: (a) acknowledgement of the Terms and
its modifications; and (b) agreement to abide and be bound by the Terms, as
amended.
4.
MODIFICATIONS TO PPIC SERVICE.
PPIC reserves the right to modify or discontinue all or part
of the PPIC Service, temporarily or permanently, with or without notice to
User, and is not obligated to support or update the PPIC Service. User
acknowledges and agrees that PPIC shall not be liable to User or any third
party in the event that PPIC exercises its right to modify or discontinue all
or part of the PPIC Service.
5.
LINKS.
The PPIC Service may provide links to other Web sites or
resources. User acknowledges and agrees that PPIC is not responsible for the
availability of such external sites or resources, and does not endorse and is
not responsible or liable for any content, advertising, products, or other
materials on or available from such sites or resources. User agrees that PPIC
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any such content, products or services available on such external sites or
resources.
6.
PROPRIETARY RIGHTS.
User acknowledges that content, including but not limited to
text, software, music, sound, photographs, video, graphics, the arrangement of
text and images on this Web site, commercially produced information, and other
material contained on the PPIC Service ("Content"), is
protected by copyright, trademarks, service marks, patents or other proprietary
agreements and laws and User is only permitted to use the Content as expressly
authorized by PPIC. These Terms do not transfer any right, title, or interest
in the PPIC Service or the Content to User, and User may not copy, reproduce,
distribute, or create derivative works from this Content without express
authorization by PPIC. User agrees not to use or divulge to others any
information designated by PPIC as proprietary or confidential.
7.
USER CONDUCT.
A. User is Solely Responsible
for Conduct. User agrees that it is solely responsible for its actions, and the
content of its transmissions through or postings on the PPIC Service.
B. No Illegal or Deceptive Acts. User agrees:
1. to abide by all applicable
local, state, national, and international laws and regulations in User's use of
the PPIC Service;
2. not to use the PPIC Service to
harm minors in any way;
3. not to forge headers or
otherwise manipulate identifiers in order to disguise the origin of any Content
transmitted through the PPIC Service;
4. not to impersonate any person or
entity or falsely state or otherwise misrepresent User's affiliation with a
person or entity, including whether User represents a Company or is its
Designated Employee;
5. to comply with all laws regarding
the transmission of technical data (including without limitation encryption)
exported from the United States through the PPIC Service;
6. not to use the PPIC Service to
collect or harvest personal information, including, without limitation,
financial information, about other Users of the PPIC Service;
7. not to upload, post, email or
otherwise transmit any content that User does not have a right to transmit
under any law or under contractual or fiduciary relationships (such as inside
information, proprietary and confidential information learned or disclosed as
party of an employment relationship or under a nondisclosure agreement);
8. not to disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service are able to
type, or otherwise act in a manner that negatively affects other Users ability
to engage in real time exchanges;
9. not to "stalk" another
User;
10. not to use the PPIC Service for
illegal purposes; and
11. to comply with all regulations,
policies and procedures of networks connected to the PPIC Service.
C. Libelous or Scandalous
Materials. User agrees:
1. not to post, promote or transmit
through the PPIC Service any unlawful, harassing, libelous, abusive,
threatening, harmful, vulgar, obscene, hateful, racially, ethnically or
otherwise objectionable material of any kind or nature;
2. not to transmit or post any
material that encourages conduct that could constitute a criminal offense, give
rise to civil liability or otherwise violate any applicable local, state,
national or international law or regulation;
3. not to interfere with another
User's use and enjoyment of the PPIC Service or another entity's use and
enjoyment of similar services, or engage in surveys, contests, chain letters or
post or transmit "junk mail", "spam", "chain
letters", or unsolicited mass distribution of email; and
4. that PPIC neither endorses the content of any User
communications, postings or data, if any, nor assumes any responsibility for
any threatening, libelous, obscene, harassing or offensive material contained
in such materials, or any crime facilitated by use of this website.
D. System Integrity. User
agrees:
1. not to upload or distribute in
any way files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or
this website;
2. not to interfere or disrupt
networks connected to the PPIC Service;
3. not to use any device, software
or routine, or otherwise attempt to interfere with the proper functioning of
site or any transactions being offered or conducted at this website; and
4. not to take any action that
imposes an unreasonable or disproportionately large load on PPIC's
infrastructure
E. Copyright Infringement.
In the event that User posts or makes accessible communications or other
materials that infringe the copyrights of a third party, PPIC shall terminate
User's access to the PPIC Service in accordance with PPIC's copyright infringement policypursuant to the Digital Millennium Copyright Act. Users may contact PPIC with complaints regarding allegedly
infringing posted material and PPIC will investigate those complaints. If the
posted material is believed in good faith by PPIC to violate any applicable
law, PPIC will remove or disable access to any such material and PPIC will
notify the posting User that the material has been blocked or removed in
accordance with its copyright infringement policy.
PPIC may, in its sole discretion, immediately terminate
User's access to the PPIC Service should User's conduct fail to conform with
any provision of this Section. Some of the foregoing prohibited acts are also
punishable by law.
8.
DISCLAIMER OF WARRANTIES.
USER EXPRESSLY AGREES THAT USE OF THE PPIC SERVICE IS AT
USER'S SOLE RISK. THE PPIC SERVICE IS PROVIDED ON AN "AS IS" "AS AVAILABLE"
BASIS. PPIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS
WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
PERFORMANCE. PPIC MAKES NO WARRANTY THAT THE PPIC SERVICE OR ITS PRODUCTS WILL
MEET USER'S REQUIREMENTS, OR THAT THE PPIC SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, ERROR FREE OR VIRUS-FREE; NOR DOES PPIC MAKE ANY WARRANTY AS TO
THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PIC SERVICE OR AS TO THE
ACCURACY OR RELIABILITY OF ANY CONTENT OR ANY INFORMATION OR PRODUCTS OBTAINED
THROUGH THE PPIC SERVICE OR THAT DEFECTS IN THE PPIC SERVICE WILL BE CORRECTED.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PPIC SERVICE IS DONE AT
USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD
OR USE OF SUCH MATERIAL OR DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO USER.
9.
LIMITATION OF LIABILITY.
As a condition of use of the PPIC Site, and in consideration
of the services provided by PPIC, User agrees that neither PPIC, nor any
officer, affiliate, director, shareholder, agent or employee of PPIC will be
liable to User or any third party for any direct, indirect, incidental, special,
punitive, or consequential loss of profits, loss of earnings, loss of business
opportunities, damages, expenses, or costs resulting directly or indirectly
from, or otherwise arising in connection with, any of the following:
A. Reliance. The use of the PPIC
Service by the User, including but not limited to damages resulting from or
arising from User's reliance on the PPIC Service, information or any Content on
the PPIC Service, or the mistakes, omissions, interruptions, errors, defects,
delays in operation, non-deliveries, misdeliveries, transmissions, eavesdropping
by third parties, or any failure of performance of the PPIC Service or any
Content. Content is for informational purposes only.
B. Infringement, Etc. Any
allegation, claim, suit, or other proceeding based upon a contention that the
use of the PPIC Service by User or a third party infringes or misappropriates
the copyright, patent, trademark, trade secret, confidentiality, privacy, or
other intellectual property rights or contractual rights of any third party.
C. Force Majeure. Any delay
or failure of PPIC to perform due to government restriction, strikes, war, any
natural disaster or any other condition beyond PPIC's control.
The limitations set forth in this section apply to the acts,
omissions, negligence, and gross negligence of PPIC and its affiliates,
subcontractors, officers, directors, managers, Users, employees, and agents,
which, but for this provision, would give rise to a course of action in
contract, or any other legal doctrine.
EXCEPT AS OTHERWISE EXPRESSLY
PROVIDED IN THESE TERMS, PPIC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, PUNITIVE, SPECIAL, MULTIPLE, OR CONSEQUENTIAL DAMAGES, RESULTING
FROM THE USE OR THE INABILITY TO USE THE PPIC SERVICE OR FOR COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY PRODUCTS OR
SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE PPIC
SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO, DELETION OR ALTERATION OF
USER'S TRANSMISSIONS OR DATA OR FAILURE OF THE PIC SERVICE TO STORE USER'S
TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, USE, DATA OR OTHER INTANGIBLE PROPERTY, EVEN IF PPIC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION
OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE
LIMITATIONS MAY NOT APPLY TO USER.
10.
NO RESALE OF THE PPIC SERVICE.
User's right to use the PPIC Service is limited solely to the
Individual. User agrees not to reproduce, duplicate, copy, sell, resell, exploit
or make any commercial use of or access to the PPIC Service, without the express
consent of PPIC.
11.
DATA STORAGE.
User acknowledges that PPIC may establish general practices
and limits concerning use of the PPIC Service, including without limitation the
maximum number of days that email messages, or other uploaded User information
will be retained by the PPIC Service, the maximum disk space that will be
allotted on PPIC's servers on User's behalf, and the maximum number of occasions
(and the maximum duration for which) User may access the PPIC Service in a given
period of time. User agrees that PPIC has no responsibility or liability for the
deletion or failure to store any messages and other communications or other
content maintained by or transmitted through the PPIC Service. User further
acknowledges that PPIC reserves the right to change these general practices and
limits at any time, in its sole discretion, with or without notice.
12.
SOFTWARE QUALITY.
PPIC does not warrant that any information, software or other
material accessible through the PPIC Service is free of viruses, worms or other
harmful components.
13.
ACCESS AND INTERFERENCE.
User agrees that User will not use any robot, spider, other
automatic device, or manual process to monitor or copy the PPIC Web pages or
the Content contained herein without PPIC's prior express written permission.
User agrees not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the PPIC Service. User agrees not to
take any action that imposes an unreasonable or disproportionately large load
on PPIC's infrastructure. The Content is proprietary or is licensed to PPIC by
its users or third parties. User agrees not to copy, reproduce, alter, modify,
create derivative works, or publicly display any Content from this website
without the prior express written permission of PPIC or the appropriate third
party.
14.
INDEMNIFICATION.
User agrees to indemnify, defend and hold harmless PPIC, its
parents, subsidiaries, affiliates, directors, officers, shareholders and
employees, from any claim or demand, including reasonable attorneys fees and
court costs, made by any third party due to or arising out of User's use of the
PPIC Service, User's violation of the Terms, or the infringement by User of any
intellectual property or other legal right of any person or entity.
15.
NOTICES.
All notices to a party shall be in writing and shall be made via Email to PPIC, or such other
address as either party may specify. Notice shall be deemed given 48 hours
after the email is sent, unless the sending party is notified that the email
address is invalid or that the transmission was otherwise unsuccessful.
Alternatively, notices may be sent by regular mail, postage prepaid to PPIC's
address. PPIC may also broadcast
notices or messages, or other matters of importance on this website; such
broadcasts shall constitute notice.
16.
GENERAL.
In the event that any provision of the Terms shall, in whole
or in part, be determined to be invalid, unenforceable or void for any reason,
such determination shall affect only the portion of such provision determined
to be invalid, unenforceable or void, and shall not affect in any way the
remainder of such provision or any other provision of the Terms. PPIC's failure
to act with respect to a breach by User or others does not waive its right to
act with respect to subsequent or similar breaches. These Terms shall be
governed by and construed in accordance with the laws of the State of Nebraska,
without regard to its choice of law provisions. In the event of any conflict
between foreign laws, rules and regulations and those of the United States, the
laws, rules and regulations of the United States shall govern. The United
Nations Convention on Contracts for the International Sale of Goods shall not
apply to these Terms. User hereby consents to personal jurisdiction by the
state and federal courts located in Douglas County, Nebraska. These Terms and
any modifications hereto constitute the entire agreement between the parties
with regard to the subject matter hereof and supersedes all prior
understandings and agreements, whether written or oral, as to such subject
matter. Nothing contained in these Terms shall be deemed to constitute either
party as the agent or representative of the other party, or both parties as
joint venturers or partners for any purpose.
17.
ACKNOWLEDGMENT.
User acknowledges that (a) User has
read and understood the Terms; and (b) that these Terms have the same force and
effect as a signed agreement.
Preferred Professional Insurance Co., Inc.
11605 Miracle Hills Drive, Suite 200
Omaha, NE 68154-4467
http://www.ppicins.com/
Phone:(402) 392-1566
Fax: (402) 392-2673
